informs Department members that all law enforcement agencies in the State of Illinois are required to comply with the state statute 625 ILCS 5/11-212 entitled Traffic and Pedestrian Stop Statistical Study (TPSSS).

NOTE:

Department members will follow procedures consistent with the directive entitled "Investigatory Stop System" to fulfil the requirements for the pedestrian stop statistical study section of the above-referenced statute.

routing procedures of the Personal Service Citations and the data-collection materials.

D.

continues the use of the:

1.

Traffic Stop Statistical Study—Driver Information Card (CPD-21.103).

2.

Traffic Stop Statistical Study Sticker (CPD-15.516).

E.

satifies CALEA Law Enforcement Standard Chapter 1.

II.

Applicability

A.

The statistical information compiled pursuant to this directive is only required to be collected when the initial traffic stop is for an alleged Illinois Vehicle Code, Traffic Code of Chicago, or compliance violation.

B.

The TPSSS information is not collected when citations are issued as a result of the following:

To comply with the Illinois Traffic and Pedestrian Stop Statistical Study, the statistical data collected by the Department from all traffic stops initiated by a Department member will include:

1.

the alleged Illinois Vehicle Code, Traffic Code of Chicago, or compliance violation that led to the traffic stop.

2.

the driver's name, address, gender, year of birth, and the officer’s subjective determination of the race of the driver of the vehicle. The driver's race will be categorized into one of the following classifications:

a.

Black or African American—a person having origins in any of the black racial groups of Africa.

:

It includes people who indicate their race as "Black or African American," or report entries such as Kenyan, Nigerian, or Haitian.

b.

White—a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

c.

Hispanic or Latino—a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

d.

Asian—a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

e.

American Indian or Alaska Native—a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.

f.

Native Hawaiian or Other Pacific Islander—a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

NOTE:

Department members will indicate on the data-collection materials the member’s subjective determination of the race of the driver upon initial contact and observation. Members will not ask the driver his or her race.

3.

the make and year of the vehicle stopped.

4.

the date, time, and location of the stop.

5.

the date and time the traffic stop ended, defined as when the driver is free to leave or taken into physical custody.

6.

whether consent to search was requested for the vehicle, driver, passenger, or passengers during the stop and if consent to search was given or denied.

7.

whether a search was conducted of the vehicle, driver, passenger, or passengers during the traffic stop and if the search was conducted by consent or other lawful means.

8.

whether a police canine unit was requested to detect the presence of contraband in the vehicle, if the canine alerted to the presence of contraband in the vehicle, and whether a search was conducted of the vehicle based on the canine alert.

9.

whether contraband was found subsequent to the search conducted during the traffic stop and, if contraband was found, where the contraband was found and the type and amount of contraband seized.

10.

the member’s name, star number, and assigned beat number.

C.

The information collected pursuant to the state statute will be:

1.

analyzed internally by the Department, and

2.

submitted to the Illinois Department of Transportation for independent analysis.

D.

Any law enforcement officer identification information or driver identification information that is compiled by any law enforcement agency or the Illinois Department of Transportation pursuant to the Traffic Stop Statistical Study shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with the Trafficand PedestrianStop Statistical Study.

E.

Complaint and disciplinary procedures will not be initiated based solely on the number of vehicle stops conducted by a Department member.

F.

The complete and accurate account of all traffic stops initiated by a Department member is beneficial to both the member and the Department.

continue to use the current version of the Personal Issue Traffic Complaints, commonly referred to as the Personal Service Citation.

2.

have available a supply of Traffic Stop Statistical Study Stickers and Traffic Stop Statistical Study—Driver Information Cards for use during their tour of duty.

V.

Procedures for Documenting Statistical Data

A.

Department members will complete and submit a Traffic Stop Statistical Study—Driver Information Card for every traffic stop initiated unless a Personal Service Citation is issued, including traffic stops that result in a physical arrest or the issuance of another type of citation (e.g. Violation Notice, Administrative Notice of Ordinance Violation [ANOV]).

B.

Department members will:

1.

continue to initiate and conduct safe and courteous traffic and vehicular investigatory stops

Investigatory Stop

X

A.

The temporary detention and questioning of a person in the vicinity where the person was stopped based on Reasonable Articulable Suspicion that the person is committing, is about to commit, or has committed a criminal offense. The suspect may be detained only for the length of time necessary to confirm or dispel the suspicion of criminal activity. The temporary detention and questioning of a person for the purpose of enforcement of the Gang and Narcotics-Related Loitering Ordinances is an Investigatory Stop.

An Investigatory Stop is not a voluntary contact. A voluntary contact is a consensual encounter between an officer and a person during which the person must feel free to leave the officer's presence. An officer may approach any person at any time for any reason on any basis. However, absent reasonable suspicion or probable cause, that person must be free to walk away at any time. An officer's ability to articulate that no factors existed that would make a reasonable person perceive they were not free to leave is important. The following are some factors the court may consider to determine whether or not a consensual encounter has elevated to an Investigatory Stop or an arrest:

1.

Threatening presence of several officers;

2.

Display of a weapon by an officer;

3.

Use of language or tone of voice indicating that compliance with the officer's request might be compelled;

4.

Officer blocks a person's path; or

5.

Choice to end the encounter is not available to the person.

as outlined by existing Department procedures and training.

2.

collect all of the statistical information outlined in Item III-B of this directive when conducting any traffic stop.

C.

For the duration of the Illinois Traffic Stop Statistical Study, Department member's who initiate a traffic stop that results in the issuance of a Personal Service Citation for an Illinois Vehicle Code, Traffic Code of Chicago, or compliance violation will:

complete a Traffic Stop Statistical Study Sticker ensuring to include the following information:

NOTE:

Members will only complete one sticker for each traffic stop, regardless of the number of citations issued.

a.

member's beat number and assigned mission number, when appropriate.

NOTE:

Members will only insert an assigned mission number when deployed by the Bureau of Patrol for a special event or directed mission.

b.

the alleged violation that led to the initial traffic stop.

c.

the member’s subjective determination of the race of the driver of the vehicle stopped by checking the appropriate box.

NOTE:

Members will determine the race of the driver based upon initial contact and observations and will not ask the driver his or her race.

d.

Canine Unit response.

e.

whether consent to search was requested for the vehicle, driver, passenger, or passengers during the stop and if consent to search was given or denied.

f.

whether a search was conducted and if the search was conducted by consent, canine alert, or other lawful means.

g.

whether contraband was found subsequent to the search conducted during the traffic stop. If contraband was found, indicate where the contraband was found and the type and the amount of contraband seized.

h.

the date and time the traffic stop ended, defined as either when the driver is free to leave or taken into physical custody.

3.

affix the Traffic Stop Statistical Study sticker to the reverse side of the “Traffic Stop Statistical Study Copy” (White) of the Personal Service Citation issued for the initial reason for the traffic stop. If a Personal Service Citation is not issued for the initial reason for the traffic stop, Department members will affix the sticker to the first citation issued to the violator.

submit the remaining copies, excluding the “Officer’s Copy” (Blue), of the Personal Service Citation to a supervisor for approval before the end of the member's tour of duty.

D.

For the duration of the Illinois Traffic Stop Statistical Study, Department members who initiate a traffic stop that does not result in the issuance of a Personal Service Citation for an Illinois Vehicle Code, Traffic Code of Chicago, or compliance violation will:

1.

complete a Traffic Stop Statistical Study—Driver Information Card ensuring to include the following information:

a.

the date, time, and location of the vehicle stop.

b.

the member's beat number and assigned mission number, when appropriate.

NOTE:

Members will only insert an assigned mission number when deployed by the Bureau of Patrol for a special event or directed mission.

c.

the alleged violation that led to the initial traffic stop.

d.

the name, address, gender, and year of birth of the driver of the vehicle stopped and whether the driver is a juvenile or adult.

e.

the member’s subjective determination of the race of the driver of the vehicle stopped by checking the appropriate box.

NOTE:

Members will determine the race of the driver based upon initial contact and observations and will not ask the driver his or her race.

f.

the make, model, and year of the vehicle stopped.

g.

Canine Unit response.

h.

whether consent to search was requested for the vehicle, driver, passenger, or passengers during the stop and if consent to search was given or denied.

i.

whether a search was conducted and if the search was conducted by consent, canine alert, or other lawful means.

j.

whether contraband was found subsequent to the search conducted during the traffic stop. If contraband was found, indicate where the contraband was found and the type and the amount of contraband seized.

k.

the date and time the traffic stop ended, defined as either when the driver is free to leave or taken into physical custody.

l.

the member's name and star number.

2.

submit the Traffic Stop Statistical Study—Driver Information Card to a supervisor for approval before the end of the member's tour of duty.

E.

For the duration of the Illinois Traffic Stop Statistical Study, Department members who initiate a vehicular investigatory stop

Investigatory Stop

X

A.

The temporary detention and questioning of a person in the vicinity where the person was stopped based on Reasonable Articulable Suspicion that the person is committing, is about to commit, or has committed a criminal offense. The suspect may be detained only for the length of time necessary to confirm or dispel the suspicion of criminal activity. The temporary detention and questioning of a person for the purpose of enforcement of the Gang and Narcotics-Related Loitering Ordinances is an Investigatory Stop.

An Investigatory Stop is not a voluntary contact. A voluntary contact is a consensual encounter between an officer and a person during which the person must feel free to leave the officer's presence. An officer may approach any person at any time for any reason on any basis. However, absent reasonable suspicion or probable cause, that person must be free to walk away at any time. An officer's ability to articulate that no factors existed that would make a reasonable person perceive they were not free to leave is important. The following are some factors the court may consider to determine whether or not a consensual encounter has elevated to an Investigatory Stop or an arrest:

1.

Threatening presence of several officers;

2.

Display of a weapon by an officer;

3.

Use of language or tone of voice indicating that compliance with the officer's request might be compelled;

Whenever a passenger of the traffic stop is searched or if any actions taken warrants a Department member to complete and submit an Investigatory Stop Report, the Department member will do so consistent with the Department directive entitled "Investigatory Stop System.”

The Records Inquiry Section must ensure that all forwarded juvenile and adult data are retained and filed separately.

VIII.

Evaluation of the Statistical Data

The Director, Research and Development Division, will ensure that the Research and Analysis Section submits statistical reports, compiled from the data collected by the Department, to the Illinois Department of Transportation.

IX.

Retention Schedule

A.

Consistent with the Local Records Commission requirements, the Director, Records Division, will:

1.

ensure completed “Traffic Stop Statistical Study” copies of the Personal Service Citations, with attached corresponding Traffic Stop Statistical Study sticker and Traffic Stop Statistical Study—Driver Information Cards are stored at the Records Storage Center for a period of six months after the completion of the Illinois Traffic Stop Statistical Study.

The Director, Information Services Division, will, upon request from the Director, Records Division, purge the electronically stored TSSS data no sooner than six months after the completion of the Illinois Traffic Stop Statistical Study.

The temporary detention and questioning of a person in the vicinity where the person was stopped based on Reasonable Articulable Suspicion that the person is committing, is about to commit, or has committed a criminal offense. The suspect may be detained only for the length of time necessary to confirm or dispel the suspicion of criminal activity. The temporary detention and questioning of a person for the purpose of enforcement of the Gang and Narcotics-Related Loitering Ordinances is an Investigatory Stop.

An Investigatory Stop is not a voluntary contact. A voluntary contact is a consensual encounter between an officer and a person during which the person must feel free to leave the officer's presence. An officer may approach any person at any time for any reason on any basis. However, absent reasonable suspicion or probable cause, that person must be free to walk away at any time. An officer's ability to articulate that no factors existed that would make a reasonable person perceive they were not free to leave is important. The following are some factors the court may consider to determine whether or not a consensual encounter has elevated to an Investigatory Stop or an arrest:

1.

Threatening presence of several officers;

2.

Display of a weapon by an officer;

3.

Use of language or tone of voice indicating that compliance with the officer's request might be compelled;